Indiana § 32-27-3-3 - Action for construction defect; notice of rejection; notice to terminate offer or proposal

§ 32-27-3-3. Action for construction defect; notice of rejection; notice to terminate offer or proposal

Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(b) If the construction professional makes:

(1) a proposal to inspect the residence under section 2(b)(1) of this chapter; or

(2) an offer to compromise and settle the claim by monetary payment without inspection under section 2(b)(2) of this chapter;

and the claimant rejects the proposal or offer, the claimant must serve written notice of the rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.

(c) If the construction professional does not receive from the claimant either an acceptance or rejection of the construction professional's inspection proposal or settlement offer within sixty (60) days after the claimant's receipt of the construction professional's response, the construction professional may terminate the proposal or offer by serving written notice on the claimant.

(d) If the construction professional terminates a proposal or offer under subsection (c), the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.

As added by P.L.134-2003, SEC.1.